I-485 Adding spouse name Issue AS Priority Dates are no longer current

N

nickbat

Registered Users (C)
Hi All

Present Status:

1. Recently (In June 2007) when all priorities dates became current I applied for my I-485 (in July 2007) in EB2 category and on Sept 11th 2007 I completed my finger printing formalities

2. I-485 I applied as a single applicant and application status is still pending

3. My H1 Visa is still valid.

4. I never went to India after filing I-485

5. As per Visa Bulletin PD is Apr 04 for EB2 category and My Priority Date is Apr 06


Question:

Now I am planning to get married.

1. Can I got o India on present H1B without advanced parole ?
2. If I go to India and get married can I bring my wife on H4 Visa (As per some threads in this forum answer is yes). Please confirm
3. If I go to India and bring my wife here on H4 visa I was told that I cannot file for her I-485 as priority dates are not current for me. Is this statement true?
a. NOTE: (My Priority Date is Apr 06 AND per Visa Bulletin PD is Apr 04 for EB2)
4. If my wife comes to US with me on H4 and considering the fact that I cannot apply for her I-485 as priority dates are not current for my application (as mentioned in point 3) AND in case I get a APPROVAL of my I-485 in between Can I file I-485 for my wife’s after priority dates becomes current. Please can some one explain me what are my options here
a. Considering the fact the I got married before my I-485 approval but I cannot apply for her I-485 as my PD dates are not current


I will be really thankful if someone can help me understanding what my options are and what are the risk involved.

Thanks you all in advance

Regards
Nipun
 
nickbat said:
Hi All

Present Status:

1. Recently (In June 2007) when all priorities dates became current I applied for my I-485 (in July 2007) in EB2 category and on Sept 11th 2007 I completed my finger printing formalities

2. I-485 I applied as a single applicant and application status is still pending

3. My H1 Visa is still valid.

4. I never went to India after filing I-485

5. As per Visa Bulletin PD is Apr 04 for EB2 category and My Priority Date is Apr 06


Question:

Now I am planning to get married.

1. Can I got o India on present H1B without advanced parole ?
-to going India you dont need H1 visa if you mean to say that your wife can get H4 based on your H1 then answer is YES
2. If I go to India and get married can I bring my wife on H4 Visa (As per some threads in this forum answer is yes). Please confirm
--------------------YES if you are on H1 status
3. If I go to India and bring my wife here on H4 visa I was told that I cannot file for her I-485 as priority dates are not current for me. Is this statement true?

-------------------True, you have to be on H1 and she need to be on H4 status to file her I-485 when PD for you becomes current
a. NOTE: (My Priority Date is Apr 06 AND per Visa Bulletin PD is Apr 04 for EB2)
4. If my wife comes to US with me on H4 and considering the fact that I cannot apply for her I-485 as priority dates are not current for my application (as mentioned in point 3) AND in case I get a APPROVAL of my I-485 in between Can I file I-485 for my wife’s after priority dates becomes current. Please can some one explain me what are my options here
---------------------depends if your wife is in US on H4 status (FYI dont expect your I-485 to be approved in 3-4 months time)
Nipun
Click to expand...
---------------- brings her on H4 then keep extensing your H1 and her H4 status till your PD is not current and dont use EAD
 
Hi ginnu

Thanks for your response, but what should I do if I get my I-485 approval in between

Once again thanks for your response

regards
Nipun
 
Last edited by a moderator:
nickbat said:
Hi ginnu

Thanks for your response, but what should I do if I get my I-485 approval in between
Click to expand...

Once Dates become current you can apply for your spouse.Your case cannot approved unless dates are current. You will have enough time time to apply.
 
Hi number30

Thanks for your response. I am bit confused as I was checking few other forums and it was mentioned at couple of places that its all Random and one can get GC even if the priority date are not current. I really dont know if this is true or not.

Thats why I really want to know the answer/options of my 4 th point,

"if my wife comes to US with me on H4 and considering the fact that I cannot apply for her I-485 as priority dates are not current for my application (as mentioned in point 3) AND in case I get a APPROVAL of my I-485 in between Can I file I-485 for my wife’s after priority dates becomes current. Please can some one explain me what are my options here
a. Considering the fact the I got married before my I-485 approval but I cannot apply for her I-485 as my PD dates are not current"


Once again thanks for your response
 
Last edited by a moderator:
nickbat said:
I am bit confused as I was checking few other forums and it was mentioned at couple of places that its all Random and one can get GC even if the priority date are not current. I really dont know if this is true or not.
Click to expand...

What messed everything up this summer was that USCIS batch requested around 45,000 visa numbers from the State Department, and then kept and used them even when the PDs were not current. I can assure you that this was a one-time occurrence and one should not draw any conclusions or have any expectations from it going forward.

AND in case I get a APPROVAL of my I-485 in between Can I file I-485 for my wife’s after priority dates becomes current.
Click to expand...

Your wife could file an I-485 up to 180 days after your approval.
 
nickbat said:
Hi All

3. If I go to India and bring my wife here on H4 visa I was told that I cannot file for her I-485 as priority dates are not current for me. Is this statement true?
a. NOTE: (My Priority Date is Apr 06 AND per Visa Bulletin PD is Apr 04 for EB2)
Click to expand...

I have heard that in one of Rajeev's conferences,he has said that this is not an issue- meaning you can file I-485 for your spouse,irrespective of whther PD is current or not, since it is a derivative application.
One of my friends mentioned to me that he really did that-added his wife to his 485 even when his Pd was not current about an year back.

I am really confused what is really true??Is this a grey area still??
anyone with experiences in this scenario-appreciate if you can please respond.

Thanks,
everonh1
 
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